Debts Recovery Tribunals and Appellate Tribunals
SYNDICATE BANK vs M/S DEVI OVERSES TRADING on 9 May 2025
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Debts Recovery Tribunal-Il, Delhi TAl4O4l2022 SYNDICATE BANK Vs M/S DEVI OVERSES TRADING 09.05.2025 Item no. 23 Present: Shri S.K. Jha, counsel for applicant bank. None for defendants. Matter is taken through Video Conferencing/ Hybrid Mode.
2. IA no.13l8l2025 has been filed by the applicant bank for withdrawal of the present TA.
3. The Ld. Counsel for the applicant bank submits that the matter has been settled between the pafties under the OTS and the OTS amount has been paid by the defendant no. 1 to the applicant bank. It is further submitted that the loan account of defendant no. t has been closed by the applicant bank. Therefore, he wishes to withdraw the present OA. Ld. Counsel for applicant bank also prayed for refund of the court fee.
4. Heard the Ld. Counsel for applicant bank and perused the records.
5. The Ld. Counsel of the applicant bank has requested for refund of the court fees. It is submitted that the matter has been settled between the parties under the OTS and therefore, the court fees may be refunded as per provisions contained in the rules. In this regard the Hontle Supreme Court has passed the order in SLP(c) No(s).723/2023 dated 28.01.2025 titled as Jage Ram Vs Ved Kaur & Ors. Fhe Honble Supreme Coutt has considered the matter and has hel9that: f"\
Para 6- The refund of court fes is permissible only if, the matter is referd to Arbitration, Conciliation, judicial settlement including through Lok Adalat or medbtion for settlement and the cae is decided in terms of such a settlement and not otherwise. Para 7- In the case at hand the settlement in terms of which the srond appeal was dsided by the High Court is not on reference to any of the above authorities/fora rather it was an amicable settlement out of the court. Para 8- Accordingly, we are of the opinion that the petitioner is not entitld to refund of the court fees and the High Court has not committd any error or illegality in refusing such a prayer."
6. In view of the above,TAl4O4l2O22 is dismissed as withdrawn. The applicant bank has also sought refund of court fee. The matter has not been disposed of on the basis of settlement in Lok Adalat. There appears no occasion to return the court fee. The matter has been withdrawn due to the matter has been settled between the parties under the OTS. Therefore, the prayer of the applicant bank for refund of couft fees is hereby declined. All the pending IAs stand disposed of. IA no.1318/2025 is disposed off accordingly. File be consigned to record room. <)' (SUSHIL KUMAR RASTOGI) PRESIDING OFFICER DRT-II, Delhi P : I